MAP Policies Minimum Advertised Price (MAP) Policies are unilateral policies set by manufacturers that dictate the advertised price for products, but not the actual resale price. These policies promote healthy competition among resellers, protect brand value, maintain...
Content By Antonio Dempsey
Our Value is Brand Value: Combating Unauthorized Resellers
In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards. These resellers may operate in gray areas...
Robinson-Patman Liability: Diminished But Not Dead
After decades of dormancy, the Robinson-Patman Act (RPA), returned to the forefront of antitrust enforcement in early 2025—only to stumble swiftly. The RPA is an antitrust law that, at its core, prevents price discrimination among buyers that could harm competition....
The Hidden Impact of Tariffs: Why Brands Must Strengthen Online Enforcement Efforts
In today’s volatile global trade environment, tariffs have become a double-edged sword for brands. Intended to protect domestic industries, tariffs often lead to unintended consequences that pose significant challenges for brand owners—especially in the online...
Copycats or Common Trends? Legal Battle Between Influencers Over “Clean Girl” Aesthetic
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” – specifically her “clean girl” aesthetic...
Drink Wars: Prime Hydration and MÁS+ BY MESSI Clash Over Trade Dress
A lawsuit filed in a New York federal court has initiated a dispute between Mark Anthony, the owner of popular beverage brands like White Claw and Mike's Hard Lemonade, and Prime Hydration, a hydration drink company founded by social media sensations Logan Paul and...
Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act
The US Supreme Court granted certiorari to review the 4th Circuit's damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under the Lanham Act, particularly in the context...
Amazon’s Control over eCommerce: Impact on Sellers, Consumers, and Manufacturers
In the world of ecommerce, Amazon commands a considerable share of online retail transactions. Its dominance influences pricing strategies and market dynamics across the virtual storefront industry. This unparalleled market position gives Amazon significant leverage...
Someone is Watching You: The Complexities of Personal Jurisdiction in the Digital Age
The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit Federal Appeals Court, where, after a Motion to...
The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters
The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off inferior products as strong household brand...